VidhiSangh

Supreme Court of India · 24/11/2017

COMMISSIONER OF INCOME TAX II versus M/S MODJPON LTD.

[2017] 11 S.C.R. 84 · 2017 INSC 1140

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Summary

The Revenue disputed deduction under Section 43B for advance central excise duty deposited in the Personal Ledger Account before adjustment against clearances. Examining the statutory deposit scheme and the assessee’s lack of control over deposited funds, the Court held that the deposit constituted actual payment and upheld the deductions.

Issues

  1. Whether advance excise duty deposited in the Personal Ledger Account qualifies as actual payment for Section 43B deduction.
  2. Whether past acceptance of the accounting practice alone precluded the Revenue’s challenge.

Held

Result

Revenue appeals dismissed; Delhi and Calcutta High Court orders affirmed. Advance excise duty deposited in the PLA held deductible as actual payment under Section 43B.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 84.